How should I go about appealing my son’s social security benefit?

UPDATED: Dec 18, 2011

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How should I go about appealing my son’s social security benefit?

My son’s father died prior to his birth. We were never married but I lived him at his parents house for about 6 months. We provided the social security office with his drivers license, W-2 forms, death certificate, and a written statement from both parents that my son is their grandson. Ultimately, my son was denied social security benefits. If I choose to appeal, what type of extra evidence do I need to submit?

Asked on December 18, 2011 under Estate Planning, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you choose to appeal the denial of your son's social security benefits derivative from the death of his father, you should first consult with an attorney experienced in social security benefits. From what you have written, the item that you did not present was a certified birth certificate of your son listing the man that passed away as his father.

Most likely the omission of this document was the critical document in the denial of your son's request for social security benefits. I suggest you get a certified copy of it and send it to the social security administration for review assuming his father that passed away is designated upon it as his father.

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